Black v. Childs

Citations

• 14 S.C. 312
• 1880 S.C. LEXIS 129

Syllabus

<p>1. To sustain a plea of purchase bona fide without notice, three things are necessary: (1) that he has paid in full the purchase money; (2) that he has the legal title, or the best right to it; (3) that he purchased bona fide without notice.</p> <p>2. Section 8 of the act of 1791 (7 Stat. 263,) forbidding certain officers from being interested in the purchase of property sold by them officially, was superseded and repealed as to commissioners in equity by section 6 of the master’s act of 1840.11 Slai. 108,120.</p> <p>3. It seems to be the settled conclusion from the authorities, that where a trustee to sell purchases at his own sale, the sale is not void, but will be set aside upon the application of any one interested, whether the sale was fair, and a full price obtained, or not.</p> <p>4. Denial of notice “ directly or indirectly,’’ is denial of notice had by an agent.</p> <p>5. The objection that a defence of purchaser for valuable consideration without notice is not sufficiently pleaded, should be taken by motion to make the answer more definite, or by demurrer.</p> <p>6. Where circumstances are sufficient to put a party upon inquiry, he is chargeable with constructive notice of every fact which such inquiry, properly conducted, will certainly disclose.</p> <p>7. Where P. a commissioner in equity, at his own sale procured his friend F. to purchase the property sold, and F. was announced as the bidder, took titles in his Own name, and executed to the commissioner the required bond and mortgage, and P.took control of the property, a subsequent purchaser for value from F., under negotiations had with P., (who claimed to act for F., and who as commissioner, received payment in full of such bond and mortgage before maturity) is not chargeable with notice of P.’s interest, or of the private arrangement between P. and F., at the commissioner’s sale.</p>